Foster v. State

Opinion

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

DONNIS TURNER FOSTER, )

)

Appellant, )

)

v. ) Case No. 2D15-3151 )

STATE OF FLORIDA, )

)

Appellee. )

________________________________ )

Opinion filed August 2, 2017.

Appeal from the Circuit Court for Hillsborough County; Thomas P. Barber, Judge.

Ita M. Neymotin, Regional Counsel, Second District, and Joseph Thye Sexton, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

The State has properly conceded that we must reverse Donnis Foster's

conviction for possession of marijuana. We do so and remand with directions to vacate

that conviction. We affirm the judgment and sentences in all other respects.

Affirmed in part, reversed in part, and remanded with instructions.

NORTHCUTT, KELLY, and MORRIS, JJ., Concur.